Russian law does not recognize civil marriage. Cohabitation can lead to the fact that all property acquired with common money can be inherited by strangers.
Civil marriage, as such, is not provided for by law. This is the name of the union of those who live together and run a common household without going to the registry office. People live together, buy property, give birth and raise children, without thinking about the future and the legal consequences of such cohabitation.
Problems begin when one of the spouses dies suddenly.
Who has the right to receive an inheritance
In accordance with the law, the applicants for the inheritance are, first of all, the spouse of the deceased, his parents and children. The cohabitant is not a spouse, therefore, the Civil Code of Russia in terms of inheritance by law will not apply to a common-law husband or wife. And this means that a person who has lived with the deceased, perhaps for more than a dozen years, may lose everything.
It's good if children were born in a civil marriage. Part of the property can be received by them. The rest can go to other relatives who have the primary right of inheritance by law.
Inheritance by will
If you and your other half live in a civil marriage and are not going to the registry office, then in order to exercise the right to inheritance, it is best to draw up a will on each other. It is extremely important to keep in mind one important detail: the obligatory share of the inheritance.
She relies on an incapacitated heir who was dependent on the deceased and who lived with him on the day of his death. Disabled, by virtue of the law, are minors, pensioners, disabled people, citizens recognized as incapacitated, etc. These persons have the right to receive a compulsory share, regardless of whether the will was written or not.
The law does not allow refusing a compulsory share in the inheritance.
Are there any chances for a roommate to receive an inheritance
In addition to cases with a will, a common-law spouse can try to obtain an inheritance by going to court with an application for the recognition of the acquired property as joint property and its division in kind. This is not an easy question, it will require indisputable proof that the common-law spouses had a common household and acquired the disputed property with common money.
Testimony will not be enough. Written confirmation will be required that the husband and wife have a mutual right to the property.
There are similar claims in judicial practice, but they are, rather, an exception to the rule.
Until July 8, 1944, the institution of civil marriages was officially recognized by the state. In those days, many led a family life without painting, and in addition, church marriages were common. If the husband and wife began to live together before the specified date, then through the court it is possible to recognize the fact of their being in a marriage relationship and receive their share of the inheritance.
There are no other options for obtaining property by inheritance after a civil marriage. It remains only to advise the spouses to get married, make a will or register property in equal shares for each.
